Ryan v. Springfield Fire & Marine Insurance
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Shéboygcm County. Action upon a policy of insurance against fire. There was a special verdict, the essential parts of which are recited in the opinion. There was also a general verdict for the plaintiff. Successive motions by the defendant, for a new trial, and for judgment in its favor upon the special verdict, were denied; and judgment was rendered for the plaintiff, from which the defendant appealed.
1Opinion of the CourtOjbtoN, J.
This action is brought upon an insurance policy of the appellant company, by the respondent as the mortgagee of one Miles McMahon, the owner of the premises upon which the building insured and destroyed by fire was situated, and for whose benefit the insurance was obtained.
The answer alleges, substantially, that at the time the insurance was obtained, a written application was made and signed by McMahon, which became a part of the policy, and in which certain representations were made respecting the property insured, which thereby became warranties, and which were material to the risk, and…
2Cases cited7 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Fuller v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Hinman v. Hartford Fire InsuranceWisconsin Supreme Court · 1874
- Lemke v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Connecticut Fire Ins. v. ManningCourt of Appeals for the Eighth Circuit · 1908
- Seal v. Farmers & Merchants InsuranceNebraska Supreme Court · 1899
- Thomas v. New York Life InsuranceNorth Dakota Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.